You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. denied, 513 U.S. 853, 115 S.Ct. 1997). Point of error five is overruled. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. art. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. He gave no final statement and showed no remorse for his acts. Several dozen people showed up outside the Walls Unit in support of the families and the execution. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. I dont believe anybody ever in their lifetime is going to forget this. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. Pete Cantu. A rational jury could not have concluded otherwise. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. denied, 513 U.S. 1021, 115 S.Ct. Peter Anthony Cantu (AP Photo/Texas Dept. Some carried signs but none chanted or spoke loudly. He. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. Cantu v. Quarterman, No. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. When everyone was finished, Cantu told the boys to take the girls into the woods. Pleasanton Express Staff 724, 735-36 (5th Cir.2005). Moore v. State, supra at 128, 128-09). With the final execution completed, Pena said the two murdered girls can finally have peace. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. ), cert. 2954, 57 L.Ed.2d 973 (1978). Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. Height: 5' 06" 284, 126 L.Ed.2d 234 (1993). Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. at 688, 690, 104 S.Ct. 2. ), cert. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. A clemency must be granted to Peter Cantu. Such victim impact statements, as they are called, are now commonplace. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. They have also lived in Marion, TX. 2658, 125 L.Ed.2d 290 (1993). Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). They should have hung them. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. TEXAS PIPELINER Welder (STC) . 2. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. At this point, Roman and Frank Sandoval decided to leave. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Also gone is natural gas pioneer George Mitchell, who passed . 78 and Loop 1604. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 3368, 73 L.Ed.2d 1140 (1982). See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. After unsuccessfully appealing his conviction . Eight minutes later, he was dead. Pete Cantu. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. The break in solving the case came from, of course, the 911 call. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. Jester Park at White Oak Bayou. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Rule App. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. He told the police that the girls' bodies could be found in T.C. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Nevertheless, such error is subject to a harm analysis. 2. Appellant has not done this. Sign Up. Point of error thirty-six is overruled. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. FN3. Copyright 2018 - 2023 PLEASANTON EXPRESS. A little knowledge of routine vehicle maintenance may have kept. 22 posts. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). They first passed by Roman and Frank Sandoval without incident. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. The police searched the park without finding anything. Four of the other assailants that night were also convicted of capital murder and sentenced to death. He lasted through three fights before briefly losing consciousness. Seventeen years is a long time to have something eating on you like that. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). ", The case horrified Houston. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. Cantu was described as the leader of small gang known as the Black and Whites. The victims' families attended the execution, but no one attended on his behalf. THE COURT: Overruled. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. However, the protesters in attendance did little more than annoy the families. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. denied, 499 U.S. 932, 111 S.Ct. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. 2/4/09 -- The federal district court denied relief. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. Hell, no.". Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. 2193, 109 L.Ed.2d 520 (1990). We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. Id. 1029. The bodies were found six days later after Cantus brother, using an alias, phoned police. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. Randy commandeered the news van and went to the scene that was now bustling with police activity. Christina subsequently convinced her husband to report the incident to the police. Point of error twelve is overruled. We will not revisit the issue here. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. All Rights Reserved. Proc. She's been a part of the famous Texas Metal cast since the beginning. Pete will be remembered for his infectious laugh and loving personality. Cantu declined requests for interviews prior to his execution. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. And if you care to, you can see the result of this defendant's handy work again. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. ), cert. denied, 510 U.S. 905, 114 S.Ct. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. Deadline Hollywood. Appellant cites no authority for why he should have been entitled to such an instruction. He is a child, he is eighteen, and that's what this is about. denied, 506 U.S. 942, 113 S.Ct. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. denied, 495 U.S. 940, 110 S.Ct. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. In this regard, this point is inadequately briefed and presents nothing for our review. at *24. Maybe some satisfaction, but never closure.". ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. Perez and Villarreal will not be eligible for parole consideration for more than two decades. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. A memorial for them was also placed at T.C. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. However, he contends that a meaningful review of the mitigation issue is impossible. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. See Photos. Rousseau, 855 S.W.2d at 687, n. 26. Wasn't no pain. We hold this requisite to be applicable to non-psychiatric experts as well. "Two beautiful young girls," Goode says. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. Point of error twenty-two is overruled. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. FN8. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. For a rational jury to find that appellant was guilty only of sexual assault, robbery, or kidnapping, there must be some evidence in the record that appellant did not intend to kill the victim. Read more about the life story of Pete and share your memory. Appellant further remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. Description: The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530.